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Footnote on signposts and waymarks:
[square brackets references to Countryside Act 1968]
Comment on the Ramblers' Association (RA) web statement. The RA was in good company in
not appearing to understand the law here. They have now put the worst error
right but there are still issues outstanding as at March 2004.
Their new and improved text says:
A..Highway authorities have a duty to put up signposts at all junctions of footpaths, bridleways
and byways with metalled roads. The signs must show whether a path is a
footpath, bridleway or byway and may also show other information such as
destination and distance.
and
B. Highway authorities also have a
duty to waymark paths along the route so far as they consider it appropriate.
I think it a pity they don't refer to
the power to delegate to user groups [CA68(5)] but that may just be to keep
it simple.
There remain two more substantive
issues about A and B above:
A. How mandatory is the inclusion of
destination and distance in signs? The RA says the signs 'may'
show them. But the statute says 'shall': [CA68s27(2) and (2)(b)] "the
highway authority shall... showing, so far as the highway authority consider
convenient and appropriate, where the footpath.. leads, and the distance to
any places named on the signpost."
The 'convenience' is for users not the authority of course. So
it would appear it is a duty, not a power, to put destination and
distance on signs, but with a power to opt out in certain cases. I consider the law much better stated as
"Shall,
unless an officer has decided that it is neither convenient (for the
users) nor appropriate to do so, show destinations and distances."
B. On waymarking
the RA's words "so far as they
consider it appropriate" is not really correct. The word "appropriate"
appears in [CA68s27(2)(b)] and doesn't appear in [s27(4)] and so doesn't apply to
waymarking.
For waymarking the test is [s27(4)]: whether waymarks are "in the opinion
of the highway authority, required to assist persons unfamiliar with the
locality to follow the course of a path". This is a very specific test
that the RA's word 'appropriate' doesn't do justice to.
The rest of the RA's web
statement of path law is pretty good now.
http://www.ramblers.org.uk/info/factsheets/footpathlaw.html
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